Advisory Opinions

Whether Aetna Services, Inc., which provides services to its own pension plan, may receive fees from certain mutual funds which the company has selected as investment options for participants in the plan as "reimbursement" for "direct expenses" incurred within the meaning of Department regulation section 2550.408c-2(b)(3) and thus would not violate ERISA section 406(b)(3).

Request for guidance concerning the application of section 9345(a)(3) of the Omnibus Budget Reconciliation Act of 1987 to the proposed implementation of a provision in the Butler Manufacturing Company's stock bonus plan permitting participants to diversify their accounts in investments other than the Company's common stock. The stock bonus plan and a defined benefit plan together make up a floor-offset arrangement established before December 17, 1987.

Whether the proposed decision by the A.T. & S.F. Employees Benefit Association to serve as a "point-of-service" provider of health care services under a managed care program sponsored by the Railroad Employees National Health Care Plan effects the status of the Association and the health benefit program the Association sponsors for its own members under ERISA.

Whether the receipt of fees by Aetna Life Insurance and Annuity Company, an indirect subsidiary of Aetna Insurance Company, Inc., from unrelated mutual funds for recordkeeping and other services in connection with investments by employee benefit plans in the unrelated funds violates ERISA section 406(b)(3).

Whether the payment of certain 12b-1 or subtransfer agent fees by a mutual fund in which an employee pension benefit plan has invested to Frost National Bank, serving as the plan's trustee, would violate ERISA sections 406(b)(1) and 406(b)(3).

Whether the health benefit program offered by the Federation of American Consumers and Travelers to its members is a “multiple employer welfare arrangement” within the meaning of ERISA section 3(40).

Whether the Saint Dominic Academy Pension Plan is a “church plan” within the meaning of ERISA section 3(33).

Whether the Pacific Telesis Group outplacement assistance program is an “employee welfare benefit plan” as defined in ERISA section 3(1).

Whether a plan administrator is required under ERISA section 104(b)(4) to furnish a participant with a copy of the contract between an employee benefit plan and a third party administrator.

Whether the pension and health plans sponsored by the Homewood Retirement Centers of the United Church of Christ, Inc. are “church plans” within the meaning of ERISA section 3(33).